Or, to look at it another way... so what if the browser pops up notifications more often than the law requires? Might encourage people to make less use of cookies for functionality that doesn't really need them, which would be no tragedy. And if your site really can't do without them, you could pop up a message explaining the situation & politely asking to be unblocked.
I suppose there'd be a danger of alert fatigue... maybe some heuristic analysis of the cookies themselves would be in order, to at least tentatively classify them as "tracking" vs "other". Eg, Google Analytics & Piwik cookies could be identified pretty reliably.
But that's happening with the current solution as well (not to mention all those crappy sites with their modal popups that teach you to close anything opening asap anyway)
The law allows storing session info, config options, etc without prompting. The browser couldn’t reliably test that.
Unless you’d also let login to sites be handled by the browser, akin to Mozilla’s Persona.
Damn, that’d actually be a much nicer web.